Mukta Prasad (Since Deceased) & ... vs Arun Kumar
2013 Latest Caselaw 2183 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 27
 

 
Case :- SECOND APPEAL No. - 632 of 2007
 

 
Petitioner :- Mukta Prasad (Since Deceased) & Others
 
Respondent :- Arun Kumar
 
Petitioner Counsel :- S. Niranjan,Dharam Pal Singh
 
Respondent Counsel :- Prem Babu Verma,P.P. Chaudhary
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Application No.322767 of 2012

This application has been filed by the respondent/applicant with the specific prayer that the  joist (Dhanni) supporting the mud roof of the disputed construction has been damaged during the rainy season in the month of September, 2012. The defendant respondent is residing therein and as such it may cause serious harsh ship. Counter affidavit has been filed to the application.

Heard Sri Dharam Pal Singh, learned counsel for the appellant ad Sri P.P. Chaudhary, learned counsel for the applicant respondent.

This is an admitted appeal and status quo order with regard to 'Sahan' shown in the map as 'A,B,C,D' in the plaint map has been passed by this Court on 11.7.2007.

The dispute is with regard to construction raised by the defendant respondent in the 'Sahan' of plaintiff's house  shown by letters 'A,B,B,D' in the map. The defendant  respondent has  illegally encroached  upon  the 'Sahan'.

In view of  the assertions made by both  the parties, this Court directs that  the defendant  respondent  may   get the   temporary roof of the disputed construction repaired.  However, he will not  raise any other construction  changing the nature of  disputed structure and further   will not  change the nature of roof in  existence which is  admittedly a  temporary  structure.  The repairs  made by the  defendant  respondent shall be subject  matter of result of present  appeal. 

The application is  disposed of  accordingly.

Order Date :- 15.5.2013

P.P.